What is the Time Period for Paying Off a Judgment Against You?
Full Question:
Answer:
There is no time period for payment, it is due in full when the order is docketed. Installment payments may be accepted by private negotiation with the judgment creditor, but they are under no obligation to agree to accept installments. At any time before a judgment or order is satisfied or vacated, an execution may be issued from court in which the judgment was first docketed, by the clerk of the court or the attorney for the judgment creditor as officer of the court, to the sheriffs of one or more counties of the state, directing each of them to satisfy the judgment or order out of the real and personal property of the judgment debtor or obligor and the debts due to him or her.
Please see the following NY statutes:
§ 5240 N.Y.C.P.L.R. Modification or protective order; supervision of
enforcement.
The court may at any time, on its own initiative or the motion of any
interested person, and upon such notice as it may require, make an order
denying, limiting, conditioning, regulating, extending or modifying the use
of any enforcement procedure. Section 3104 is applicable to procedures
under this article.
§ 5230 N.Y.C.P.L.R. Executions.
(a) Form. An execution shall specify the date that the judgment or
order was entered, the court in which it was entered, the amount of the
judgment or order and the amount due thereon and it shall specify the
names of the parties in whose favor and against whom the judgment or
order was entered. An execution shall direct that only the property in
which a named judgment debtor or obligor who is not deceased has an
interest, or the debts owed to the named judgment debtor or obligor, be
levied upon or sold thereunder and shall specify the last known address
of that judgment debtor or obligor. Except in cases when the state of New
York, or any of its agencies or municipal corporations is the judgment
creditor, or if the debt enforced is for child support, spousal support,
maintenance or alimony, provided that in those instances the execution
contains a legend at the top thereof, above the caption, in sixteen point
bold type with the following language: "The judgment creditor is the
state of New York, or any of its agencies or municipal corporations,
AND/OR the debt enforced is for child support, spousal support,
maintenance or alimony.", an execution notice shall state that, pursuant
to subdivision (l) of section fifty-two hundred five of this article, two
thousand five hundred dollars of an account containing direct deposit or
electronic payments reasonably identifiable as statutorily exempt
payments, as defined in paragraph two of subdivision (l) of section
fifty-two hundred five of this article, is exempt from execution and that
the garnishee cannot levy upon or restrain two thousand five hundred
dollars in such an account. Except in cases when the state of New York,
or any of its agencies or municipal corporations is the judgment
creditor, or if the debt enforced is for child support, spousal support,
maintenance or alimony, provided that in those instances the execution
contains a legend at the top thereof, above the caption, in sixteen point
bold type with the following language: "The judgment creditor is the
state of New York, or any of its agencies or municipal corporations,
AND/OR the debt enforced is for child support, spousal support,
maintenance or alimony.", an execution notice shall likewise state that
pursuant to subdivision (i) of section fifty-two hundred twenty-two of
this article, an execution shall not apply to an amount equal to or less
than ninety percent of the greater of two hundred forty times the federal
minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or
two hundred forty times the state minimum hourly wage prescribed in
section six hundred fifty-two of the labor law as in effect at the time
the earnings are payable, except such part as a court determines to be
unnecessary for the reasonable requirements of the judgment debtor and
his or her dependents. Where the judgment or order was entered in a court
other than the supreme, county or a family court, the execution shall
also specify the date on which a transcript of the judgment or order was
filed with the clerk of the county in which the judgment was entered.
Where jurisdiction in the action was based upon a levy upon property or
debt pursuant to an order of attachment, the execution shall also state
that fact, describe all property and debts levied upon, and direct that
only such property and debts be sold thereunder. Where the judgment or
order was recovered for all or part of a mortgage debt, the execution
shall also describe the mortgaged property, specify the book and page
where the mortgage is recorded, and direct that no part of the mortgaged
property be levied upon or sold thereunder.
(b) Issuance. At any time before a judgment or order is satisfied or
vacated, an execution may be issued from the supreme court, county court or
a family court, in the county in which the judgment was first docketed, by
the clerk of the court or the attorney for the judgment creditor as officer
of the court, to the sheriffs of one or more counties of the state,
directing each of them to satisfy the judgment or order out of the real and
personal property of the judgment debtor or obligor and the debts due to
him or her. Where the judgment or order is for support and is payable to
the support collection unit designated by the appropriate social services
district, such unit shall be authorized to issue the execution and to
satisfy the judgment or order out of the real and personal property of the
judgment debtor or obligor and the debts due to him or her.
(c) Return. An execution shall be returned to the clerk of the court from
which it was issued or to the support collection unit within sixty days
after issuance unless the execution has been served in accordance with
section 5231 or subdivision (a) of section 5232. The time may be extended
in writing for a period of not more than sixty additional days by the
attorney for the judgment creditor or by the support collection unit.
Further like extensions may be given by the attorney for the judgment
creditor or by the support collection unit unless another execution against
the same judgment debtor or obligor has been delivered to the same
enforcement officer and has not been returned.
(d) Records of sheriff or support collection unit. Each sheriff or
support collection unit shall keep a record of executions delivered showing
the names of the parties and the judgment debtor or obligor; the dates of
issue and return; the date and time of delivery, which shall be endorsed
upon the execution; the amount due at the time the execution was delivered;
and the amount of the judgment or order and of the sheriff's fees unpaid,
if any, at the time of the return.
(e) For the purposes of this section "order" shall mean an order issued
by a court of competent jurisdiction directing the payment of support,
alimony or maintenance upon which a "default" as defined in paragraph
seven of subdivision (a) of section fifty-two hundred forty-one of this
article has been established subject to the procedures established for
the determination of a "mistake of fact" for income executions pursuant
to subdivision (e) of section fifty-two hundred forty-one of this
article, except that for the purposes of this section only, a default
shall not be founded upon retroactive child support obligations as
defined in paragraph (a) of subdivision one of section four hundred forty
of the family court act and subdivision one of section two hundred
forty, and paragraph b of subdivision nine of section two hundred
thirty-six of the domestic relations law.
§ 5226 N.Y.C.P.L.R. Installment payment order.
Upon motion of the judgment creditor, upon notice to the judgment debtor,
where it is shown that the judgment debtor is receiving or will receive
money from any source, or is attempting to impede the judgment creditor by
rendering services without adequate compensation, the court shall order
that the judgment debtor make specified installment payments to the
judgment creditor. Notice of the motion shall be served on the judgment
debtor in the same manner as a summons or by registered or certified mail,
return receipt requested. In fixing the amount of the payments, the court
shall take into consideration the reasonable requirements of the judgment
debtor and his dependents, any payments required to be made by him or
deducted from the money he would otherwise receive in satisfaction of other
judgments and wage assignments, the amount due on the judgment, and the
amount being or to be received, or, if the judgment debtor is attempting to
impede the judgment creditor by rendering services without adequate
compensation, the reasonable value of the services rendered.